General Terms and Conditions
I. General
1. Scope
1.1 cubos Internet GmbH (hereinafter referred to as "cubos") provides deliveries and services for GroupAlarm.com exclusively on the basis of these terms and conditions.
1.2 We do not recognize any general terms and conditions of the customer that deviate in whole or in part from these terms and conditions, unless we have expressly agreed to them in writing. Our terms and conditions apply exclusively even if we provide our services unreservedly despite knowing about conflicting general terms and conditions of the customer.
1.3 Amendments to these General Terms and Conditions are expressly reserved, insofar as they do not affect essential contractual obligations ("cardinal obligations"). In the event of a change to the GTC, the customer will be informed by email about the planned changes. If the customer has not objected within a period of 14 days after receipt of the changes, their consent to the change of the GTC will be assumed.
2. Conclusion of Contract & Termination
2.1 cubos is not obliged to accept the customer's application for conclusion of the contract after online ordering or sending of the order. If cubos does not declare acceptance within 14 days of receipt of the customer's offer, the customer's offer is deemed to have been rejected.
2.2 The contract is only concluded upon cubos's confirmation of the contract, which is effected by confirming the online activation of the account.
2.3 Termination can be declared by the customer online at any time. The termination declared by the customer will be confirmed by cubos with a specific date.
2.4 In the event of termination and/or premature termination of the contract, no refund will be made for services already booked or utilized.
2.5 The customer must ensure that the contact details (master data) stored with cubos are always up-to-date, in particular that a functional email address and a functional telephone number are provided.
3. Prices and Payment
3.1 Cubos is entitled to adjust prices at any time. The adjustment will only be carried out if it is deemed necessary by cubos at its reasonable discretion - e.g., due to rising operating costs - but will in no case exceed a 10% surcharge on the booked package price. The change becomes effective six weeks after receipt of the corresponding change notification by the customer. In the event of such a price increase, the customer has the option to terminate the contract with effect from the time the price increase becomes effective.
3.2 In the event of default, cubos charges interest at the statutory rate and, in the case of undisputed claims, is entitled to immediately suspend the customer's organizations. Unblocking will occur immediately upon payment of the due undisputed claims.
3.3 Usage-independent fees are due at the end of each billing period (30 days) upon invoicing. Other fees must be paid by the customer after using the service. The billing period is determined by the respective tariff ordered (according to the current service description), but for a maximum of twelve months. Separate agreements with the customer take precedence.
3.4 Invoicing is done in the customer account (internet), and the customer is informed about new invoices via email. All customer invoices are located in the customer account and can be viewed and printed there, including their respective status (open, paid, reminded, ...). There is no obligation to send invoices by post; this will only happen upon customer request. If the customer requests an invoice to be sent by post, cubos is entitled to charge EUR 2.50 per invoice dispatch. In the event of returned direct debits, cubos charges a processing fee of EUR 2.50 per direct debit plus the bank fees actually incurred by cubos.
3.5 Payment by the customer is generally made by direct debit or, if agreed in writing, by invoice or credit card. The customer authorizes cubos to collect payments due from an account designated by the customer ("direct debit"). If the customer objects to the authorization to collect claims, cubos has the right to terminate the contract at the end of the next calendar month. cubos will ensure that the customer receives an invoice at least 5 days before a debit.
3.6 Invoices are due within 14 days of the invoice date without deduction. After the due date, a payment reminder will be sent after another 7 days. If payment is still not received, the first reminder will be sent after a total of 28 days after the due date. Deviating payment terms can be individually agreed upon, with a maximum due date of 28 days or as stipulated by UVgO or VOL/A. In the event of payment default, we are entitled to charge default interest at a rate of 9 percentage points above the base rate (for businesses) or 5 percentage points above the base rate (for consumers) according to § 288 BGB. Additionally, a reminder fee of EUR 10 per reminder will be charged. After the second reminder, we reserve the right to instruct a collection agency to recover the outstanding debt. In this case, the customer will be charged for the costs of the collection procedure as well as the court reminder fees. Further legal steps, such as judicial dunning proceedings, are possible if payment continues to be withheld.
3.7 The combination of different promotional offers and voucher codes is not possible.
3.8 In the event of unlocking access blocked by cubos, a processing fee of EUR 15 per unblocking process is to be paid by the customer to cubos. An unlocking fee is not payable by the customer if the blocking by cubos was unlawful, in particular contrary to good faith.
4. Legal Violations
4.1 If the customer causes costs to cubos due to a culpable legal violation when using cubos's services, the customer shall indemnify cubos from all resulting costs. This particularly applies to the costs of legal representation following justified warnings due to legal violations by the customer.
4.2 Specific regulations for the procedure in the event of corresponding warnings are laid down in the "Services" section. In principle, cubos is entitled, at its reasonable discretion, to block the customer's services in the event of warnings due to legal violations by the customer. The following regulations apply additionally.
4.3 Data Disclosure to Investigative Authorities: Cubos guarantees the confidential treatment of customer data. In the event of a legally valid request from investigative authorities to cubos for the disclosure of data, particularly in the context of criminal prosecution, cubos will, after an independent legal review of the legal basis by an external lawyer, forward the requested relevant data to the authorities, provided there is a legal obligation to disclose. The data will be separated before disclosure so that only data relevant to the request is transmitted. If the legal basis of the request permits and cubos has not been used for illegal activities by the affected customer, the customer will be informed by cubos about the disclosure of their data.
II. Services
This section sets out specific regulations regarding the individual services provided by cubos.
1. Availability
1.1 The GroupAlarm.com service is operational 24 hours a day, seven days a week, with an average annual availability of 99.9%.
1.2 Excluded from this availability are downtimes due to necessary maintenance and software updates, as well as times when the service cannot be reached via the internet due to technical or other problems beyond cubos's control (force majeure, third-party fault, etc.).
1.3 cubos may restrict access to services if the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software, or stored data, requires it. cubos is also entitled to terminate a customer's contract without notice if the customer culpably negatively influences the systems beyond a observation period, leading to system failures.
1.4 In the event of a security incident that demonstrably leads to unauthorized access to the customer's stored data or where such unauthorized access is reasonably suspected, cubos will inform the customer immediately, but no later than within 72 hours of becoming aware of the incident, in text form.
1.5 An unplanned short-term outage does not constitute a defect entitling to claims. A short-term outage is to be assumed if there is a continuous outage of up to 15 minutes per day, but a maximum of 30 minutes in total per week.
2. GroupAlarm.com
2.1 The "GroupAlarm" service (groupalarm.com) is a service for customer-controlled notification of users via various channels (email, SMS, app, telephone, fax) which are delivered by cubos servers into public networks at the customer's instigation. cubos is solely responsible for the proper delivery from the cubos server to the respective public network. Ensuring receipt of the message by the affected recipient is not part of the obligation.
2.2 Registration is required to use GroupAlarm. The customer ensures the accuracy and completeness of personal information provided during registration. Only one registration per person or organizational unit is permitted.
2.3 cubos is entitled to refuse registration for participation in the GroupAlarm service or, under the conditions of §314 BGB, to suspend or terminate its use without notice. The customer must choose their own secure password during registration.
2.4 GroupAlarm may only be used via the channels provided by cubos. In particular, any use of GroupAlarm's message sending feature through proprietary scripts or programs bypassing cubos's websites or documented APIs is prohibited unless expressly authorized in writing. In such cases, cubos expressly reserves the right to assert claims for damages.
2.5 The customer is responsible for the content of their messages according to general laws. It is particularly prohibited to disseminate unlawful or illegal content via GroupAlarm. This specifically includes criminally relevant content as well as messages with illicit sexual, racist, or discriminatory references and advertising. GroupAlarm assumes no liability for the content of transmitted messages.
2.6 The customer of this service also undertakes to send only messages that the recipient has consented to receive and for which the recipient has given prior consent. If this consent is not unequivocally given, no messages may be sent to that recipient.
2.7 The customer expressly indemnifies cubos from all third-party claims resulting from the unlawful sending or related receipt of the messages sent.
2.8 GroupAlarm is generally available to the user 24 hours a day, seven days a week. Interruptions in sending operations are possible. This applies particularly to outages in sending operations caused by internet disruptions, in which case the general rules of these terms and conditions apply. There is expressly no entitlement to constant availability.
2.9 In the event of misuse of the GroupAlarm service, cubos reserves the right, at its reasonable discretion, to exclude individual users from using the service at any time without notice and/or to block individual recipient numbers at any time without notice.
2.10 In the event of a non-serious violation of these terms of use, the GroupAlarm customer will usually be warned by email. Should this warning remain ineffective and the terms of use be violated again, the user will be blocked without further warning, i.e., they will no longer have access to the sending area of groupalarm.com in the future.
III. Customer Obligations
1. General Obligations
1.1 The customer warrants that the data communicated to cubos by them, particularly regarding their person and address, is accurate and complete. They undertake to inform cubos immediately of any changes to the communicated data and, upon request from cubos, to re-verify the accuracy of stored data within 10 days of receipt of the request.
1.2 Should disruptions occur during the use of the server, the customer will immediately inform cubos of these disruptions. The customer must check their email inboxes for incoming messages at regular intervals, not exceeding four weeks.
1.3 The customer is obliged to keep access data confidential from unauthorized third parties. In particular, username and password must be stored in such a way that unauthorized third parties cannot access this data, in order to prevent misuse of access by third parties. The customer undertakes to inform cubos immediately as soon as they become aware that unauthorized third parties know the password. Unauthorized third parties do not include persons who use the service, which is the subject of this contract, with the knowledge and consent of the customer.
1.4 Should third parties use cubos's services due to the customer's fault through misuse of passwords, the customer shall be liable to cubos for usage fees and damages.
IV. Liability
1. Liability
1.1 The following regulations regarding liability take precedence over any other arrangements made between cubos and the customer.
1.2 cubos is liable for any damages, regardless of the legal reason, only if cubos culpably violates an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, or if the damage is due to gross negligence or intent. The limitation of liability also applies in the event of fault on the part of a cubos vicarious agent.
1.3 If the violation of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, cubos's liability is limited to such typical damages or such typical extent of damage that were reasonably foreseeable at the time of contract conclusion.
1.4 Liability under the Product Liability Act remains unaffected. Likewise, statutory liability for injury to life, body, or health remains unaffected.
1.5 Within the scope of the Telecommunications Act, the liability regulation of §44a TKG remains unaffected in any case.
1.6 Liability for interruptions, disturbances, or other damage-causing events based on telecommunication services by cubos or third parties for whom cubos is liable is limited to the extent of cubos's possible recourse against the respective telecommunication service provider. cubos is not liable for the functionality of telephone lines to the contractual server, for power outages, or for failures of servers not within its sphere of influence.
2. Force Majeure
2.1 Neither party is obliged to fulfill its contractual obligations in the event of and for the duration of force majeure.
2.2 In particular, the following circumstances are to be considered as force majeure in this sense:
fire/explosion/flood not attributable to the party,
- war, mutiny, blockade, embargo,
- labor disputes lasting more than 4 weeks and not culpably caused by the party,
- technical problems of the internet and/or necessary external services beyond a party's control; this does not apply if and to the extent that cubos also offers the telecommunication service.
Each party must immediately inform the other party in writing of the occurrence of a force majeure event.
3. Warranty for Defects
3.1 The statutory regulations apply.
3.2 When providing the service, cubos excludes any liability for initial defects of the service independent of fault. Subsequent objections due to obvious or hidden defects are thereby excluded.
V. Data Protection
1.1 cubos observes the statutory data protection regulations, in particular the requirements of the GDPR, as well as the BDSG, TTDSG and, where applicable, TKG. We attach great importance to the protection of personal data and the security of our IT systems. Our processes and technical measures for data security comply with the requirements of ISO/IEC 27001, an internationally recognized standard for Information Security Management Systems (ISMS). This ensures that data remains confidential, integral, and available. Further information on the processing of personal data can be found in our privacy policy.
1.2 cubos points out that the personal data collected will be stored as part of the contract execution.
1.3 In accordance with statutory provisions, cubos only collects usage data to the extent necessary for the smooth operation of the services. In line with the principle of data minimization, any usage data stored by cubos will be deleted as early as possible.
1.4 When operating the GroupAlarm service, cubos conducts internal investigations in accordance with legal regulations, particularly the BDSG, TKG, and TTDSG, concerning, among other things, the demographics, interests, and behavior of users, based on anonymized information available through registration or server log files. cubos does not publish any personal identifying information of GroupAlarm users unless the users have given their express permission.
1.5 The customer is solely responsible for data protection-relevant processes carried out by them. In particular, the customer will independently assess to what extent order processing is present when commissioning cubos. Likewise, the customer will independently assess whether and in what form they must provide a privacy policy when operating their services.
VI. Concluding Provisions
1.1 Any changes, additions, or partial or complete revocation of the contract require written form.
1.2 For contracts concluded by cubos on the basis of these General Terms and Conditions and for all claims of any kind arising therefrom, the law of the Federal Republic of Germany applies exclusively, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
1.3 Should provisions of these General Terms and Conditions and/or the contract be or become ineffective, this shall not affect the validity of the remaining provisions.
1.4 If the customer is a merchant, a legal entity under public law, a public-law special fund, or has no place of jurisdiction within Germany, the following supplementary provisions apply:
1.5 The exclusive place of jurisdiction for all disputes arising from this contract is Aachen. cubos is also entitled, at its own discretion, to sue the customer at their general place of jurisdiction.
1.6 In place of an ineffective provision, the parties shall agree on a regulation that corresponds as closely as possible to the economic content of the ineffective provision.
As of 08.12.2025, cubos Internet GmbH, Eurode-Park 1-82, 52134 Herzogenrath